Los Angeles daily herald., 1887-10-29
DAILY HERALD.
NOT GUILTY.
The Verdict found in the
Case of Mackenzie.
A LETTER TO MISS MOSS.
The Jury Finds No Evidence to
Convict and Returns in
Half an Hour.

The investigation in the Mckenzie
ase was resumed in the Federal Coult
at lOA.M. yesterday, Judge Ross presid-
ing. The prosecution had almost fin
ished when the defense started story
about key, which induced the prose-
cution to continue the examination,
but in the absence OF material wit
ness investigation was suspended al
ter 10 A. NJ. until l 80 p. NJ. in order
to give the prosecution time to pro-
cure a witness, who, from reports. was
evidently striving to evade the sub
poena. Mckenzie early appeared in
court, looking very self-possessed and
evidently quite sure that he would Re
cleared OF the charge brought against
HIM.
Benjamin Strauss was sworn, and
stated that he was assistant registry
clerk, and remembered having re-
ceived registered package on the
eth of May, post marked San Fran
cisco. This he had rendered to the
mailing clerk and took his receipt for
it. This was on the 9th of May.
Mr.. Blake, chief mailing clerk, re-
ceipted for it. He did not know
whether the package had been put in
the pouch or not, as it was not part
of his duty to see to that.
MIR. Green was recalled, and stated
that he had diagram OF the mail
pouch rack and had compared it with
the real mail-pouch rack. The dis
tance from the distributing table to
the Santa Monica pouch is forty-one
inches, and u clerk, by standing on the
side furthest from the pouch-rack,
could, bv leaning over it, drop pack
age into it. 1t would not have to be
thrown.
After the loss OF the Santa Monica
s,ackage he had ordered the clerks to
use extra vigilance in seeing that the
registered mail passed through
McKenzie's hands, should be
safely deposited in the proper
pouches. No one had offered to make
good the losses sustained in the pres
ance of Mckenzie. Every possible
effort had been made to discover any
error which might have been made.
An effort was made by the District
Attorney to induce Mr.. Green to testi-
fy as to what was in the package, but
it was conclusively shown that he di
not know, and of course could not tes-
tify. He asked that the improved
diagram be filed in place OF the crude
one.
A key used in locking the mail
pouches had been lost in February
but had never been found afterwards
It was attached to the stamping-table
by chain and was used only by the
mailing clerks. 1t was shown that i
the party carrying the mail to ant
from the depot had by chance obtained
possession of the key, it would be pos
sible for him to get at the contents o
the pouches. He had enquired Q
all the employees of the offic
about the key, but ha
been unable to discover any trace G
it. The key would unlock any Of tn
pouches fastened by iron locks, in
cluding the Santa Monica pouch.
Mr.. White here asked that the jur
be allowed to inspect the premises
and examine carefully the pouch racl
in the Postoffice, but after some de
liberation the motion was overrulet
by the Court, an exception being take
by Mr.. White, who claimed that j
was only natural that the jury an
Judge should inspect the premises a
certain developments would thereb
be made which would tend to estat
lish the innocence of Mckenzie, as
could be shown by such inspection
that by the peculiar arrangement c
the mailing room and pouchrack
would be an easy matter Tor any of tn
postal clerks to purloin the package.
AFTERNOON SESSION.
G. L. Spencer was sworn, and tes
titled that he has resided in Los Ar
geles for the last twenty years, an,
was in charge of the mail betwee
Santa Monica and Los Angeles on tn
9th OF last May. He had received
during the afternoon from the drive
of the nail-wagon, and all the pouche
were in good order. He did not hav,
a mail-pouch key, and had never seel
one that he knew OF.
The prosecution here rested, anC
Captain w. III. Carr was called by the
defense. He testified that he was
Postal Clerk between Los Angeles anG
Deming, and in February, 1885, haG
been Assistant Postmaster, and was
familiar with the workings of the
office, and knew the various clerks
employed in the month of May, 1887.
In explaining the exits of the
Office, witness stated that at the back
part of the Office an entrance was pro-
vided for the accommodation of en-
ployes OF the newspapers, who brought
papers to the mailing-table of the
office, passing by the mail-pouches on
the way.
He stated that key used in lock.
ing the mail pouches had been lost
on the 26th Of March and had never
been found. He had instructed the
janitor, MIR. Berry, to search for the
key but it had never been found.
Berry Skies, the janitor OF the post.
office was next called and sworn
stated that he had been janitor since
the first of March. He knew Mr..
Carr and remembered that a
key had been lost about the last OF
March and he had been commanded
bv Captain Carr to look for which
he did, looking in the waste kasket
and the sweepings which he had
swept from the room, but had never
been able to find the key.
Mr.. White here discovered that he
had forgotten an important memo
randum and the court rested while he
was absent. Upon returning, Mr.. Nc
Kenzie was placed on the stand, and
stated that he had been resident OF
Los Angeles for six years, having lived
a part of the time one mile from the
city but he had moved to the city
about the first Of April. He went to
work for Mr.. Green the
2Sth of April and worked
until tho 9th Of May or about one
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